CILEx Level 6 Unit 07 Family Law
CILEx Level 6 Unit 07 Family Law - £540
This is a course set at the equivalent to honours-degree level and will give you an in-depth knowledge of the law.
Who is the course for?
The course is for:
- Associate Members of CILEx using this course as one of their three Level 6 law units to achieve Graduate Membership of CILEx
- any Graduate Member of CILEx or Chartered Legal Executivewishing to use this subject as the elective subject to fulfil the Solicitors Regulation Authority's academic stage of training
- any paralegal working in a family law department who has not studied family law at degree level
- any qualified lawyer who wishes to re-train to move to family law work
- any qualified legal practitioner returning to a family law department after a career break.
We recommend that you should also study CILEx Level 6 Unit 20 The Practice of Family Law. We also offer CILEx Level 3 Unit 7 Family Law and CILEx Level 3 Unit 12 The Practice of Family Law, which are at a lower academic level and will be more appropriate if you are looking for a paralegal qualification and you have not studied law before.
What qualification will I get?
Success in the course will lead to the award of a CILEx Level 6 Single Subject Certificate in Family Law which is a standalone qualification but can also contribute to the CILEx Level 6 Professional Higher Diploma in Law and Practice.
What will I learn?
The course delivers the CILEx syllabus for this unit. Please click on the link to see the syllabus content expressed in terms of broad learning outcomes as well as the detailed knowledge, understanding and skills that are delivered by the course. ITC publishes a course manual every year to deliver the CILEx syllabus and the table of contents (2011 edition) is reproduced below. You can also view sample pages from the course manual.
Chapter 1: Introductory Matters
1.1 Introduction
1.2 The key legislation
1.2.1 Marriage and civil partnership
1.2.2 Domestic abuse
1.2.3 Children
1.2.4 The family home
1.3 Terminology
1.4 Human rights and family law
1.4.1 Interpretation of legislation
1.4.2 Duties of public authorities
1.4.3 Declarations of incompatibility
1.4.4 The most relevant Articles of ECHR
Chapter 2: The Formation of Adult Partnerships
2.1 Introduction
2.2 Marriage
2.2.1 Definition of marriage
2.2.2 Domicile
2.2.3 Capacity to marry
2.2.3.1 Gender Recognition Act 2004
2.2.3.2 Bigamy
2.2.3.3 The prohibited degrees of relationship
2.2.4 Formalities of marriage
2.2.4.1 Before the marriage
2.2.4.2 The marriage ceremony
2.2.5 Recognition of foreign marriages
2.2.5.1 Polygamous marriages
2.3 Civil partnerships
2.3.1 Capacity to form a civil partnership
2.3.2 Formalities of civil partnership
2.3.3 The effect of the Human Rights Act 1998
2.4 Cohabitation
2.4.1 Cohabitation contracts
2.4.2 Pressure for reform
2.5 Marriage, civil partnership and cohabitation compared
Chapter 3: Void and Voidable Marriages
3.1 Introduction
3.2 Historical context
3.3 Differences between void and voidable marriages
3.4 Void marriages
3.4.1 Grounds on which a marriage is void
3.4.2 Effects of a marriage being void
3.5 Voidable marriages
3.5.1 Grounds on which a marriage is voidable
3.5.1.1 Non-consummation
3.5.1.2 Lack of consent
3.5.1.3 Mental disorder
3.5.2 Bars to an application
3.5.2.1 Applicant’s conduct
3.5.2.2 Delay
3.5.2.3 Applicant’s knowledge
3.5.3 Effects of a decree annulling a voidable marriage
3.6 Presumption of death
3.7 Marriages with a foreign element
3.7.1 Jurisdiction
3.7.1.1 Jurisdiction under Brussels II revised
3.7.1.2 The definition of habitual residence
3.7.1.3 What if proceedings are issued in more than one Member
State?
3.7.1.4 What if no Member State has jurisdiction under Brussels II
revised?
3.7.2 Which law governs the validity of the marriage?
3.7.3 When will a foreign decree of nullity be recognised?
Chapter 4: Divorce, Dissolution and Judicial Separation
4.1 Introduction
4.2 Irretrievable breakdown
4.2.1 Conciliation and mediation in divorce
4.2.2 Compulsory mediation
4.3 Adultery and intolerability
4.3.1 What is adultery?
4.3.2 Intolerability
4.3.3 Living together after adultery
4.4 The respondent’s behaviour
4.4.1 What is behaviour?
4.4.2 Reasonable expectation
4.4.3 Living together after behaviour
4.5 Desertion
4.5.1 What is desertion?
4.5.2 Continuous period of at least two years
4.6 Two years’ separation with consent
4.6.1 Living apart
4.7 Five years’ separation
4.7.1 Defence of grave hardship
4.8 Matters affecting decree absolute
4.8.1 Financial position after divorce
4.8.2 The children’s interests
4.9 Divorce and dissolution of religious marriages
4.10 When will a foreign divorce be recognised?
4.11 Dissolution of civil partnerships
4.12 Judicial separation
4.12.1 Grounds for a decree
4.12.2 How judicial separation differs from divorce
4.12.3 Refusal to grant a decree
4.12.4 Effect of decree
Chapter 5: The Consequences of Marriage and Civil Partnership
5.1 Introduction
5.2 The status of marriage
5.3 Effect of the Married Women’s Property Act 1882
5.4 Resolving disputes about who owns what
5.5 Cash
5.5.1 The common fund
5.5.2 Housekeeping allowances
5.6 Gifts
5.6.1 Wedding presents
5.6.2 Gifts between spouses
5.6.3 Gifts between engaged couples
5.7 Maintenance agreements
5.7.1 Separation agreements
5.7.2 Maintenance agreements
5.7.3 Variation of maintenance agreements
5.8 Financial orders in the Family Proceedings Court
5.8.1 The grounds for an order
5.8.1.1 The respondent has not provided reasonable maintenance for
the applicant
5.8.1.2 The respondent has not provided or made a proper
contribution to reasonable maintenance for any child of the
family
5.8.1.3 The respondent has behaved in such a way that the applicant
cannot reasonably be expected to live with him
5.8.1.4 The respondent has deserted the applicant
5.8.2 The orders available
5.8.2.1 Periodical payments orders
5.8.2.2 Lump sum orders
5.8.3 The factors to be applied
5.8.4 Agreed orders
5.8.5 Voluntary separation orders
5.8.6 Duration of orders
5.9 Financial orders in the High Court and County Court
5.10 Welfare benefits
5.10.1 Child benefit
5.10.2 Income support
5.10.3 Housing benefit and council tax benefit
5.10.4 Working tax credit
5.10.5 Child tax credit
Chapter 6: The Family Home
6.1 Introduction
6.2 Legal and beneficial interests
6.3 Implied trusts
6.3.1 Resulting trusts
6.3.2 Constructive trusts
6.3.2.1 Constructive trusts where there was an agreement to share
6.3.2.2 Constructive trusts where there was no express agreement to
share
6.3.3 Which kind of implied trust?
6.3.4 Establishing the size of the beneficial interest
6.3.5 Summary of implied trusts
6.4 Will the house be sold?
6.4.1 What applications can be made?
6.5 Who can live at the family home?
6.5.1 Home rights
6.5.1.1 What are home rights?
6.5.1.2 When will home rights end?
6.5.1.3 Registration of home rights
6.6 The impact of the Human Rights Act 1998
Chapter 7: Financial Orders on Divorce and Dissolution
7.1 Introduction
7.2 Orders for spouses and civil partners
7.2.1 Maintenance pending suit
7.2.2 Periodical payments orders
7.2.2.1 Secured periodical payments
7.2.2.2 Duration of a periodical payments order
7.2.3 Lump sum orders
7.2.4 Property adjustment orders
7.2.4.1 Transfer of property
7.2.4.2 Settlement of property
7.2.4.3 Variation of settlement
7.2.5 Orders for sale
7.2.6 Pension orders
7.2.6.1 Pension sharing orders
7.2.6.2 Pension attachment orders
7.2.6.3 Valuing the pension
7.3 What should the court consider when making financial
orders?
7.3.1 The welfare of the children
7.3.2 Pre-marriage contracts
7.3.3 The s25 factors
7.3.3.1 Financial resources
7.3.3.2 Needs
7.3.3.3 Standard of living
7.3.3.4 Age and duration
7.3.3.5 Disability
7.3.3.6 Contributions
7.3.3.7 Conduct
7.3.3.8 Benefits lost
7.3.4 The clean break
7.4 The approach of the courts
7.4.1 White v White [2000]
7.4.2 Miller v Miller; McFarlane v McFarlane [2006]
7.4.3 Charman v Charman [2007]
7.4.4 Compensation
7.4.5 Financial orders in the future
7.5 Financial provision for children
7.5.1 Child maintenance
7.5.1.1 The Child Support Agency
7.5.1.2 Periodical payments orders by the court
7.5.2 Lump sum orders
7.5.3 Property adjustment orders
7.5.4 Matters affecting financial orders for children
7.5.5 Orders against a non-parent
7.5.6 Duration of orders for children
7.6 Variation and discharge of orders
7.6.1 Periodical payments orders
7.6.2 Matters affecting applications for variation or discharge
7.7 The impact of the Human Rights Act 1998
Chapter 8: Protection from Domestic Abuse
8.1 Introduction
8.2 Definitions
8.2.1 Cohabitants
8.2.2 Relevant child
8.2.3 Associated persons
8.3 Occupation orders
8.3.1 The applicant is entitled to occupy the home
8.3.2 Powers of the court
8.3.3 Factors the court will take into account
8.3.4 The “balance of harm” test
8.3.5 Duration of orders
8.4 The applicant is a former spouse/civil partner and only the
respondent is entitled to occupy the home
8.4.1 Powers of the court
8.4.2 Factors the court will take into account
8.4.3 Duration of orders
8.5 The applicant is a cohabitant or former cohabitant and only
the respondent is entitled to occupy the home
8.6 Neither party is entitled to occupy the home
8.7 Additional powers
8.8 Impact of the Human Rights Act 1998
8.9 Non-molestation orders
8.9.1 What is molestation?
8.9.2 What will the court take into account?
8.9.3 The nature of the order
8.9.4 Enforcement of the order
8.10 Without notice orders
8.11 Undertakings
8.11.1 Non-molestation orders
8.11.2 Occupation orders
8.12 Enforcement of occupation orders
8.12.1 When will a power of arrest be attached to an occupation
order?
8.12.2 What happens if no power of arrest is attached?
8.12.3 What happens if the respondent is arrested?
8.12.4 How will the respondent be punished if he is found guilty?
8.13 Protection from Harassment Act 1997
8.13.1 What is harassment?
8.13.2 Civil remedies
8.13.3 Criminal offences
Chapter 9: Children and Parents
9.1 Introduction
9.2 Who is a parent?
9.2.1 Relevance of legitimacy
9.2.2 Children of married parents
9.2.3 Assisted reproduction
9.2.3.1 Who is the mother?
9.2.3.2 Who is the other parent?
9.3 Proving parentage
9.3.1 Scientific tests
9.3.2 Judicial declaration
9.3.3 Entry on the register
9.4 Parental responsibility
9.4.1 Married/civil partnered parents
9.4.2 Unmarried parents
9.4.3 Step-parents
9.4.4 People with residence orders
9.4.5 Guardians
9.4.6 How is parental responsibility exercised?
Chapter 10: Resolving Disputes about Children
10.1 Introduction
10.2 s8 orders
10.2.1 Residence orders
10.2.1.1 Shared residence orders
10.2.2 Contact orders
10.2.2.1 Contact and domestic violence
10.2.2.2 Uncooperative parents
10.2.3 Without notice orders
10.2.4 Specific issue and prohibited steps orders
10.2.5 Changing the child’s name
10.2.6 Removing the child from the UK
10.2.6.1 Permanent removal from the UK
10.2.6.2 Relocation within the UK
10.2.7 Availability of s8 orders
10.2.8 Who can apply?
10.2.9 Bar on repeat applications
10.2.10 Duration of orders
10.3 Family assistance orders and s37 directions
10.4 General principles of the Children Act 1989
10.4.1 The welfare principle
10.4.2 The no order principle
10.4.3 The no delay principle
10.5 The welfare checklist
10.5.1 The wishes and feelings of the child
10.5.2 Physical, emotional and educational needs
10.5.3 Likely effect of a change in circumstances
10.5.4 Age, sex, background and any relevant characteristics
10.5.5 Any harm the child has suffered or is at risk of suffering
10.5.6 The capability of the parents and anyone else relevant
10.5.7 The range of powers available to the court
10.6 Financial orders for children
10.6.1 Who can apply?
10.6.2 Range of orders
10.6.3 Duration of orders
10.6.4 What factors will the court consider?
Application
Download: CILEx courses application form 2011-12.pdf
Apply on-line through the course shop.